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MATTER OF SMITH v. VENETTOZZI

521891.

142 A.D.3d 1201 (2016)

37 N.Y.S.3d 466

In the Matter of JASON SMITH, Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 15, 2016.

Petitioner occupied a cell in the special housing unit and, when a correction officer inspected it, he discovered that various types of graffiti, some of which were gang-related, had been written on the walls and door. As a result, petitioner was charged in a misbehavior report with destroying state property, engaging in gang-related activities and refusing a direct order. Following a tier III disciplinary hearing, petitioner...

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